FRCP 12(b)(6)

by

In Taylor v. PJ Cheese, Inc., No. 3:25CV355, 2025 WL 3215734 (E.D. Va. Nov. 18, 2025), the court, inter alia, granted defendant Papa John’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964. From the decision: Taylor states that he found the…

Read More Title VII Sexual Harassment Claim Dismissed; Discomfort, Tight spaces, and Some Unwanted Contact by Coworkers Insufficient
Share This:
by

In Brooks v. Chester Valley Golf Club, No. CV 25-761, 2025 WL 3210349 (E.D. Pa. Nov. 17, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s sex- and race-based hostile work environment claims. From the decision: The last incident on which Plaintiff relies to support her allegation of a hostile work environment, and…

Read More Sex, Race-Based Hostile Work Environment Claims, Based on Comments Allegedly Invoking the “Angry Black Woman” Stereotype, Dismissed
Share This:
by

In Weaver v. Shasta Servs., LLC, No. 2:25-CV-00910-MJH, 2025 WL 2977874 (W.D. Pa. Oct. 22, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s age discrimination claim under the Age Discrimination in Employment Act (ADEA). From the decision: Plaintiff brings age discrimination claims against Defendant under the ADEA and PHRA. Defendant argues that…

Read More ADEA Age Discrimination Claim Survives Dismissal; EEOC Administrative Remedy Exhausted
Share This:
by

In Holloway v. Fort Bend Independent School District, No. 4:24-CV-2014, 2025 WL 3158133 (S.D. Tex. Nov. 12, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim for discrimination, based on her reassignment, in violation of Title VII of the Civil Rights Act of 1964. From the decision: To state a claim for…

Read More Title VII Race/Color Discrimination Claim, Based on Reassignment, Survives Dismissal
Share This:
by

In Wallace v. Chris Wright, Secretary of Energy, No. CV 24-2906 (SLS), 2025 WL 3042025 (D.D.C. Oct. 31, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation under the Rehabilitation Act. From the decision: To state a retaliation claim under the Rehabilitation Act, a plaintiff must allege that: “(i) she…

Read More Retaliation Claim Asserted by Department of Energy Employee Survives Dismissal
Share This:
by

In Holsten v. Barclays Servs. LLC, No. 3:24CV844 (RCY), 2025 WL 2696991 (E.D. Va. Sept. 22, 2025), the court held that plaintiff sufficiently alleged a sex-based hostile work environment under Title VII of the Civil Rights Act of 1964 and, therefore, in accordance with the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act…

Read More Title VII Sex-Based Hostile Work Environment Sufficiently Alleged; Motion to Compel Arbitration Denied
Share This:
by

In a recent decision, Aubrey Drake Graham v. UMG Recordings, 25-CV-0399 (JAV), 2025 WL 287960 (S.D.N.Y. Oct. 9, 2025), the court, inter alia, dismissed rapper Drake’s complaint alleging defamation, arising from a lyric in a song (“Not Like Us”) accusing Drake of being a pedophile. Ultimately, the court ruled that the statement was nonactionable opinion.…

Read More Drake’s Defamation Complaint Dismissed; “Not Like Us” Statements Were Nonactionable Opinion
Share This:
by

In Singh v. Accutime Watch Corp., 24-CV-8007 (JPO), 2025 WL 2916135 (S.D.N.Y. Oct. 14, 2025), the court, inter alia, granted defendant’s motion to to dismiss plaintiff’s amended complaint asserting a hostile work environment claim under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York…

Read More National Origin, Religion-Based Hostile Work Environment Claims, Based on “Disproportionate Workload”, Dismissed
Share This:
by

In Gehlaut v. New York City Department of Education, No. 24-1741 (2d Cir. 2025), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim asserted under Title VII of the Civil Rights Act of 1964. From the decision: To state a claim for retaliation under Title VII, “the plaintiff…

Read More Title VII Retaliation Claim Properly Dismissed; Temporal Proximity Not Shown
Share This: